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Chapter 4

Chapter 4. Civil Liberties and Public Policy. The creation of judicial review. Election of 1800: the Federalists lost both the Presidency and control of the Congress. In their final months of Congressional control, The Federalists passed the Judiciary Act of 1801,

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Chapter 4

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  1. Chapter 4 Civil Liberties and Public Policy

  2. The creation of judicial review • Election of 1800: the Federalists lost both the Presidency and control of the Congress. • In their final months of Congressional control, The Federalists passed the Judiciary Act of 1801, • This Judiciary Act created 6 circuit courts and 16 new judgeships, along with a number of other judicial appointments. • William Marbury was appointed to a judgeship as a justice of the peace for the District of Columbia. • His papers of appointment, however, was never delivered. When Jefferson became President, he instructed Secretary of State Madison not to deliver the these documents. • Marbury sued. • The Supreme Court faced a dilemma. • If it ruled in favor of Marbury, it would no doubt be defied by the administration. • If it ruled against Marbury, however, it would be admitting that the Court had no power. • Marshall found the political middle. He ruled against Marbury on a technicality. On the other hand, he ruled that the judiciary had the right and responsibility to decide what was and what was not constitutional.

  3. So what… • Marbury v Madison set a precedent: even though Marbury lost this battle, the case gave the Supreme Court the power to decide what is and is not Constitutional.

  4. The judicial branch and the Constitution • Initially, the Bill of Rights was only to be applied to Federal cases. • Post civil war, however, the 13th, 14th and 15th Amendments were written to protect the interests of all citizens. • All states must adhere to (follow), the 14th Amendment, which requires due process and equal protection to all citizens.

  5. The judicial branch and the Constitution…cnt’d • Throughout the history of the judicial branch, various court cases have actually ruled that due to the 14th amendment, states must also adhere to other amendments. • This is known as the Incorporation Doctrine. • Example: A citizen is suing a state for forcing him to stop printing his extreme left-wing internet magazine. • The state must allow the citizen to continue publishing because, according to the 14th Amendment, all citizens must receive equal protection under the law. • This citizen’s 1st Amendment right (freedom of press) must therefore be protected.

  6. Rights in the Bill of Rights that have been “Incorporated” through the 14th Amendment Refer to page 105 for chart

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